Observatoire du Territoire

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EXISTING AND POTENTIAL TOOLS TO REGULATE LAND ACCESS FOR INVESTORS IN MADAGASCAR

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In Madagascar, since 2005, more than fifty investors decided to invest in agriculture. More
than one third abandoned due to political instability, lack of funding, absence of a solid
business plan but also due to absence of transparency during negotiations of land access.
Others go ahead discreetly.
The Malagasy legal framework seems to be appropriate to regulate private investments: pro
local rights land laws, investment law, compulsory environmental impact assessment, etc.
However, the risks to local populations and to investors on the medium term are not
associated to a lack of legislation but rather to lack of transparency and effective
implementation and enforcement.
The communication analyzes existing and potential tools that regulate land–related
investments in Madagascar. In the light of international and local experiences, the different
sections discuss the relevance and limits of measures that aim to: select the types of
investments and investors transparently (part 1), secure local and investor land rights (part
2), improve consultations (part 3), define and ensure compliance with investor’s commitments
(part 4). The conclusion sets out, in the form of food for thoughts to enhance critical thinking,
propositions of tools and interventions that promote transparency and regulate land access
for investors.


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